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' <br /> i. <br /> 470 Pillsbury Center <br /> Kennedy 200 South Sixth Street <br /> Minneapolis MN 55402 •• <br /> (612) ;37-93Uo telephone <br /> �i raven (612)337.9310 fax • <br /> e u a a T E a g p Imp// .Iwrnn:.rl.-graven corn <br /> t <br /> RO$ERT C.LONG <br /> Attorney at Law <br /> Direct Dial(612)337.9202 <br /> ' email rlong@tccnncciy-graven corn <br /> i <br /> July 26, 1999 <br /> S i <br /> • <br /> Mr. Charles S. Whiting <br /> City Clerk-Administrator 1 <br /> City of Mounds View 1 <br /> 2401 Highway 10 <br /> Mounds view,MN 55112 <br /> Re: Term Limits Charter Amendment <br /> Dear Chuck: : <br /> Pursuant to your request to review the status of the term limit amendments t die Mounds view <br /> City Charter that were voted on and adopted at the general election held on owember 8, 199k, <br /> please find the following discussion and my recommendations I ; <br /> As you are aware, case law in Minnesota has held that charter amendments tb term limits for <br /> elected office are unconstitutional. Mirtneaso is T f,.w is is Coa.it:oa v i_ -+ , 535 N.W.2d <br /> 306 (Minn. 1995). The adoption of Subdivision 2 of Section 4.02 for thecipal Chatter I <br /> p <br /> would appear to fall squarely within this unconstitutional holding by the Con thus,whether or <br /> not Subdivision 2 of the newly adopted Section 4.02 of the Charter is print-. iii the charter, the <br /> amendment could not be implemented because it has been ruled unconsti utlonal. Previous <br /> advice supplied by my office regarding thc issue of the unconstitutionalit of such a charter <br /> amendment dealt with the issue of whether such an unconstitutional am=• dnent should be <br /> printed at public cost in the Charter where such a provision is known to ,e jinvalid. In our <br /> judgment, such public expenditures would be improper. i. <br /> Based on materials supplied by thc City to my office, as well as informatiolillc4rncd from other <br /> sources, it appears that in early 1995 the new charter amendment adding sub .visions 2, 3 and 4 <br /> to Section 4.02 of the Charter was forwarded pursuant to statutory rcquircmc tsAo the Secretary <br /> of State for inclusion in the City Chatter Based upon the City's complia3 cl with the filing <br /> requirements of an approved charter amendment pursuant to Minnesota State4 Chapter 410, it <br /> appears that a few of the City's copies of the Charter have been amended t include the three <br /> new subdivisions of Section 4.02. Despite such printing of the unco stilutional charter <br /> amendment, the question remains whether or not the City, during the prescn reodification and <br /> F ' <br /> SJR-166333 <br /> 14112.10-4 <br /> 4 , <br /> Ili112—d EO/Z0'd 2P0-1 OIE82EEt19+ 1 N3AV40 7 Aa3NN3N-wad ` p0:21 66-92-20 <br />